3. The violation-handling requester may file the request with the competent agency defined in Article 18 of this Decree, asking the latter to apply preventive measures to secure administrative sanctioning according to the following regulations:
a/ The request for the application of preventive measures to secure administrative sanctioning may be filed simultaneously with or after the filing of the request for violation handling, enclosed with evidence mentioned at Point b, Clause 2 of this Article;
b/ The request for the application of preventive measures to secure administrative sanctioning must state the requester’s commitment to pay compensation for damage caused by the improper application of those measures to concerned organizations or individuals;
c/ The agency competent to apply preventive measures to secure administrative sanctioning shall consider and verify evidence proving that the case in question falls in one of the cases eligible for the application of preventive measures prescribed in Clause 1, Article 215 of the Intellectual Property Law and decide on the application of those measures in accordance with the provisions of Clause 2, Article 215 of the Intellectual Property Law.
When the agency competent to apply preventive measures to secure administrative sanctioning decides on the application thereof without sufficient evidence proving that the concerned case is eligible for such application or applies measures which are inappropriate or at variance with the requests of the requesters, they shall have to pay compensation for damage caused to relevant organizations or individuals in accordance with the provisions of law.